HomeMy WebLinkAbout2022-037 - Ord. Amending Mason County Code Title 16 - Plats and Subdivisions ORDINANCE NUMBER 2022-03W+
AMENDMENTTO MASON COUNTY CODE TITLE 16
ORDINANCE amending Mason County Code Title 16, Plats and Subdivisions.
WHEREAS, underthe authority of Chapter58.17 RCW, Mason County has authorityto regulate
the process by which land is divided; and
WHEREAS, the Mason County Planning Department proposed amendments to Title 16 for
clarifying purposes and to improve administrative requirements; and
WHEREAS, the Department relied on approved Mason County Ordinances and consistency
with state law in making amendments; and
WHEREAS, on March 21, 2022 the Planning Advisory Commission held a public hearing on
these amendments and voted unanimously to recommend the amendments for approval; and
WHEREAS, the Board of County Commissioners conducted a public hearing regarding Mason
County Code Title 16, Plats and Subdivisions on May 24, 2022; and
BE IT HEREBY ORDAINED, the Mason County Board of Commissioners hereby approves and
ADOPTS amendments to the Mason County Code Title 16, Plats and Subdivisions as described
in ATTACHMENT A.
DATED this day of Muv 2022.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
ATTEST:
�G Kevin Shutty, Ch r
McKenzie Smi , Cler of the Board
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APPROVED AS TO FORM: Sharon Trask, Commissioner
9-1 A
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Tim e PA Ra dy Neatherlin, Commissioner
16.36.010 Application of regulations.
(a) Every division of land or contiguous land for the purpose of lease,sale or transfer of ownership,into two or
more but fewer than five lots(or nine lots within UGA), parcels or tracts within the unincorporated area of
Mason County shall proceed in compliance with this chapter.Contiguous parcels of land in the same
ownership and having boundaries in common (MCC 16.08.330)shall be presumed to be a single parcel in
determining whether or not the division of land comprises a subdivision.
(b) The provisions of this chapter shall not apply to:
(1) Any cemetery burial plot,while used for that purpose;
(2) Any division of land in which the smallest lot created by the division is five acres or more in area;
(3) Any division made by testamentary provision or the laws of descent;
(4) Any division made in compliance with Chapter 16.20 and Chapter 16.38;
(5) Any division of land into lots or tracts of less than three acres that is recorded in accordance with
Chapter 58.09 RCW and is used or to be used for the purpose of establishing a site for construction and
operation of consumer-owned or investor-owned electric utility facilities in accordance with
58.17.040(9) RCW.
(6) Any division of land that can be described by a legal subdivision of a section of not less than 1/128th of
a section;
(7) Any division for the purpose of leasing land for facilities providing personal wireless services while used
for that purpose in accordance with 58.17.040(8)RCW.
(8) Land divisions of record in the auditor's office on the effective date of this chapter;
(9) Property line adjustments wherein the result does not adversely affect access or reduce the lot size
below the minimum requirements;
(10) Divisions which are solely for use as a private right-of-way;
(11) Divisions of platted lots,which by deed restriction are made a part of an adjoining lot and which will
not permit a separate building site for human occupancy or habitation,provided the divisions are
approved in writing by the administrator on the legal conveyance.
(Ord. 106-04 Att. B(part),2004:Ord.37-89(part), 1989; Res. 1005 1979(part);Ord.605(part), 1976; Res.dated
7/1/74(part)).
(Ord. No.35-19, Exh.A,4-23-2019;Ord. No. 100-19,Att.A, 10-22-2019)
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16.36.024 Procedure—Application content.
(a) Applications for approval of short subdivisions shall contain:
(1) Three copies of a sketch of the entire contiguous tract of land owned or being purchased on contract
by the applicant which shall show:
(A) The owners of adjacent land and the names of any adjacent subdivision,
(B) Lines marking the boundaries of proposed lots,
(C) Location of road right-of-way within or adjacent to the tract,and easements within the tract
which are to be used for ingress and egress for road and utility purposes;
(2) Legal description of the original tract,and each lot's legal description certified by a registered land
surveyor or a title company,containing any and all easements for access to the property(MCC
16.08.330);
(3) The name and address of the owner or owners of the said tract;
(4) Surveys by a registered land surveyor may be required by the administrator;
(b) A short subdivision application shall expire if additional information is requested by the county that is
necessary to process the application,and such information is not provided to the county within one hundred
eighty days of the request.
(Ord. 106-04 Att. B(part),2004:Ord.37-89 (part), 1989: Res. 134-81, 1981;Ord.dated 9/14/81(part); Res. 1005
(part), 1974; Res.dated 7/1/74(part)).
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16.38.015 Procedure—Application content.
Applications for approval of large lot subdivisions shall contain:
(a) Ten copies of the large lot plat showing the entire contiguous tract owned or being purchased by the
applicant which shall show:
(1) Names of any adjacent subdivision;
(2) Lines marking the boundaries and dimensions of proposed lots;
(3) Location of road right-of-way within or adjacent to the tract,and easements within the tract
which are to be used for ingress and egress for road and utility purposes;
(4) Contour lines of sufficient interval to show the topography of the entire tract may be required by
the administrator,on a case-by-case basis, based on environmental and/or geologic conditions.
Such contour lines shall include lines that extend at least one hundred feet beyond the tract
boundaries;
(5) All private roads and/or easements shall be designated private and printed on the face of the
plat;
(6) Date,scale and North arrow;
(7) Vicinity map;
(b) Legal description of the original tract held under single or unified ownership or which the owner holds
controlling interest;
(c) The name,address and phone number of the owner or owners of the said tract(s);
(d) Survey by a registered land surveyor of the lots within the large lot subdivision.Survey can be
submitted after administrators approval and prior to recording;
(e) Title report;
(f) Boundary closures for all lots;
(g) Names and addresses of all landowners within three feet of the proposed large lot division boundaries.
(Ord.44-91(part), 1991).
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16.40.040 Boundary line adjustment.
A division made for the purpose of adjusting boundary lines,which does not create any additional lot,tract,
parcel,site,or division containing insufficient area and dimension to meet minimum requirements for width and
area for a building site;provided that no boundary line adjustment shall be effective until:
(1) The proponent has an approval for the boundary line adjustment from the planning department
verifying that the proposed division conforms to the requirements of this subsection;
(2) The proponent has paid the fee prescribed by the approved fee schedule for review and issuance of
the approval;
(3) The proponent has filed an application that includes:
(A) A survey prepared by a registered land surveyor;
(B) A notarized declaration signed by all property owners.
(4) The proposal shall comply with all applicable Mason County Environmental Health requirements.An
additional application for Environmental Health review may be required.The proponent may be
charged a review fee according to the current Environmental Health Fee Schedule.
(5) The planning department approval,survey and notarized declaration have been recorded with the
county auditor by the applicant.The applicant has one year,from the date of approval,to record the
boundary line adjustment or the boundary line adjustment will be considered invalid and will require
re-approval, including fees, before recording.
(Ord. 128-04 Att. B(part),2004; Res.65-03(part),2003;Ord.44-91(part), 1991: Res. 128-81(part), 1981).
16.40.041 Decision criteria.
The review authority shall approve an application for a boundary line adjustment provided the following
criteria are met:
(1) The lots or parcels resulting after the boundary line adjustment shall meet all dimensional
requirements specified for the applicable zone as set forth in the approved Title 17 and,if applicable,
Chapter 8.52.
(A) Boundary line adjustments in residentially zone property must meet the requirements of
minimum and maximum lot sizes,as set forth in the approved Title 17.
(2) No lot, use,or structure is made nonconforming or more nonconforming than that which existed at
the time of application,and subject to the provisions of the approved Title 17 and,if applicable,
Chapter 8.52.
(3) Will not diminish or impair existing or future drainage,water supply,sanitary sewage disposal
(including on-site sewage disposal)or legal access.
(4) All boundary line adjustments shall not result in any of the following:
(A) Shall not result in the creation of any additional lot,tract, parcel,site,or division.
(B) Shall not be reconfigured or adjusted in a way in which would render access for vehicles,utilities,
fire protection,or existing easements impractical to serve their purpose.
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(5) A boundary line adjustment which includes out lots may be approved, provided that such tracts are
intended for and restricted by covenant to a specified accessory use,such as for stormwater
management,common area playground,or open space.
16.40.045 Lot combinations.
When an applicant seeks only to combine two or more lots, parcels,or tracts into a single lot,and no other
property boundary changes are proposed,such action shall not be effective until:
(1) The proponent has an approval for the lot combination from the planning department,verifying that
the proposed combination conforms to the requirements of this subsection;
(2) The proponent has paid the fees prescribed by the approved fee schedule for review and and approval;
(3) The planning department approval, legal description,scale drawing,and notarized declaration have
been recorded with the county auditor by the applicant.The applicant has one year,from the date of
approval,to record the lot combination or the lot combination will be considered invalid and will
require re-approval, including fees, before recording.
Applications shall be made on forms provided by the planning department.
(Ord. 128-04 Att. B(part),2004: Res.65-03(part),2003).
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